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(c) A feral hog captured by any means under subsection (a) of this section shall be immediately:
(1)
(A) Killed.
(B) If a feral hog is captured on private property and not moved from the private property, the landowner or a lessee is not required to kill the feral hog immediately(,) or
(2)(A) Permanently identified by eartag approved by the Arkansas Livestock and Poultry Commission and transported to a terminal facility that is certified by the commission.
Citation: Ark. Code Ann. § 2-38-502.
A feral hog shall be subject to animal health requirements established by the Arkansas Livestock and Poultry Commission.
Citation: Ark. Code Ann. § 2-38-503.
(a) A person who knowingly releases or attempts to release a live hog upon public land upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of not less than one thousand dollars ($1,000) per hog nor more than five thousand dollars ($5,000) per hog and revocation of his or her hunting and fishing rights in the state for up to five (5) years.
(b)(1) A person who knowingly releases or attempts to release a live hog on private property upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of not less than one thousand dollars ($1,000) per hog nor more than five thousand dollars ($5, 000) per hog or imprisonment not exceeding thirty (30) days, or both.
(2) However, subdivision (b)(1) of this section does not prohibit a person from:
(A) Introducing a domestic hog for farm purposes onto private property enclosed with a fence sufficient under § 2-39-101 et seq. and with permission of the owner or lessee of the property(,) or
(B)(i) Continuing to operate a hog-hunting facility established before August 16, 2013, if:
(a) The hog-hunting facility and operation meet the requirements imposed by the Arkansas Livestock and Poultry Commission for animal identification, transportation, and quarantine(,)
(b) The hog-hunting facility and operation are subject to periodic inspections by the commission(,) and
(c) The hog-hunting facility and operation are certified by the commission as a terminal facility, as defined in § 2-38-502(c).
(ii) An owner or operator of a hog-hunting facility that is in operation before August 16, 2013, that does not meet the requirements stated in subdivision (b)(2)(B)(i) of this section is prohibited from purchasing or transporting a live feral hog under this subchapter.
(iii) Except as provided in subdivision (b)(2)(B)(i) of this section, a person is prohibited from establishing or operating a business in which one (1) or more feral hogs are placed in one (1) or more fenced enclosures, regardless of the size of the enclosure, for the purpose of conducting a hog-hunting operation.
(c) A person who knowingly purchases, sells, offers for sale, receives, possesses, imports, distributes, or transports a live feral hog upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of one thousand dollars ($1,000) per hog or imprisonment not exceeding thirty (30) days, or both.
(d) Upon the arrest of a person under this section, the arresting law enforcement officer shall seize and take custody of any hog in the possession of the arrested person and may seize any equipment used in furtherance of the violation, including without limitation a motor vehicle, trailer, and trap.
(e)(1) A court having competent jurisdiction:
(A) Shall order the forfeiture and immediate euthanasia of any hog that was the basis of a conviction under this section(,)
(B) May order the forfeiture and immediate euthanasia of a hog before a conviction if the court determines that the hog poses an imminent risk to public health or safety(,) and
(C) May order the forfeiture of any seized equipment.
(2) However:
(A) A conveyance used by any person as a common carrier is not subject to forfeiture under this subsection unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the violation(,)
(B) Equipment is not subject to forfeiture under this subsection by reason of any act or omission established by the owner of the equipment to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the equipment with the owner's permission(,) and
(C) A forfeiture of equipment encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the equipment in the commission or attempt to commit the violation.
(f) In addition to the fines, penalties, and forfeitures imposed under this section, a court may require the defendant to make restitution to the state or any of its political subdivisions for transporting, housing, feeding, euthanizing, and disposing of any hog forfeited under this section.
(g) Any certified state law enforcement officer may write a citation for a violation under this section.
(h) Fines collected under this section shall be deposited into the Game Protection Fund to be used for eradication efforts to eliminate feral hogs.
(i) This section does not apply to the purchase, sale, receipt, possession, import, or transportation of a live feral hog that serves as a mascot for an institution of higher education.
Citation: A.C.A. § 2-38-504